Can You Work Part-Time While on an EB-3 Visa in the USA?

Under the EB-3 visa category in the USA, which is an employment-based immigrant visa for skilled workers, professionals, and other workers, you are primarily sponsored by a specific employer for a full-time position. This article explores the complexities and considerations of engaging in part-time work while holding an EB-3 visa.

Understanding the EB-3 Visa

The EB-3 visa falls under the broader employment-based visa categories. It is designed to facilitate the permanent residency of individuals who are sponsored by an employer in the USA for a full-time position. This means that your employment is directly tied to the employer who sponsored your visa. Therefore, it is essential to understand the rights and restrictions associated with this visa category.

Part-Time Work and the EB-3 Visa

Technically speaking, you may consider working part-time for another employer while on an EB-3 visa. However, there are several factors to consider to avoid violating the terms of your visa.

Primary Employer Obligation

Your EB-3 visa is specifically tied to the employer who sponsored you. You must work for this employer in the position for which the visa was granted. Switching employers without proper authorization can lead to complications, potentially jeopardizing your EB-3 status.

Part-Time Employment Restrictions

While it might seem possible to work part-time for another employer, doing so could be a violation of the terms of your visa if it interferes with your primary employment or if you have not received explicit authorization from USCIS (United States Citizenship and Immigration Services).

Authorization and Compliance

If you wish to take on additional employment, you must ensure that all immigration regulations are followed. This could involve applying for permission from USCIS, particularly if the part-time work is in a different field or if it could be seen as conflicting with your full-time job. It is highly recommended to consult with an immigration attorney to ensure compliance with immigration laws and to understand the specific implications of your actions.

EB-3 Visa Processing and Working Privileges

It is crucial to differentiate between the EB-3 visa and a green card, which is the end goal of processing under the EB-3 category. An EB-3 visa is a step in the process towards obtaining a green card, and it does not grant additional working privileges beyond those already allowed by your current work visa, typically an H-1B.

Permanent Residence and Work Flexibility

If you already hold a green card, you are a permanent resident. As a permanent resident, you have the same responsibilities and privileges as US citizens, with the exception of the right to vote, hold public office, and serve on a jury. You can work part-time or full-time in any capacity, provided it is within the legal framework of the USA.

Conclusion

In summary, while it may be possible to work part-time under certain conditions while on an EB-3 visa, it is advisable to proceed with caution and seek legal advice to avoid jeopardizing your EB-3 status.